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Day-care abuse case spurs call to be tougher on sex offenders

Legislature may consider making Level 1 offenders' names available to public

By Grant Welker, gwelker@lowellsun.com

Updated:
12/11/2012 11:36:44 AM EST

Child sexual-abuse charges filed last week against a Wakefield man who worked at his wife's unlicensed day-care center may lead to new legislation making public the names of low-level sex offenders and make it easier to obtain the names of more serious offenders.

State Sen. Barry Finegold said he also wants to file legislation that would require day-care centers to prove in forms given to families that they are properly licensed.

"Whether you buy a home or refinance a house, the provider needs to disclose that they are licensed," said Finegold, an Andover Democrat. "I think the state should at least require the same of people who are caring for our children."

House Speaker Robert DeLeo will "give serious consideration," a spokesman said Monday, to a bill filed last year by Gov. Deval Patrick that would bring Massachusetts into compliance with a federal sex-offender notification act that would, among other things, make public the names of Level 1 offenders.

The buzz around strengthening sex-offender legislation began after John Burbine of Wakefield was charged last week with sexually assaulting 13 children, ranging in age from 8 days to 3 1/2 years, at his wife Marian's day care. His wife was charged with running an unlicensed day-care center and reckless endangerment of children.

"I don't want to beat up on the Legislature, but there's no doubt in my mind that if this information was available, these kids would not have been victimized," said Chelmsford resident Laurie Myers, founder of the victim-advocacy group Community Voices, which is fighting for more public disclosure of sex offenders' identities and locations.

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Level 1 sex offenders, those deemed to have the lowest risk of reoffending, are not named publicly but are available to law-enforcement agencies. Level 2 offenders can be identified through an in-person request for the information at the local police department. Level 3 offenders are named at the Sex Offender Registry Board website at www.mass.gov/sorb.

In regards to Level 1 offenders, the Sex Offender Registry Board says the "degree of dangerousness posed to the public by that offender is not such that a public-safety interest is served by public availability" of their information.

The chairwoman of the board, Saundra Edwards, testified last year in favor of the governor's bill, said Charles McDonald, the board's spokesman. Vesna Nuon, a Lowell city councilor and member of the Sex Offender Registry Board, declined to comment on potential legislation.

There are 275 Level 2 and 3 sex offenders living in Lowell, according to the state. Among nearby towns, there are 50 in Billerica, 41 in Chelmsford and 52 in Tewksbury.

Finegold said that when he and his wife were looking for day-care centers for their 10-month-old son, they didn't know who was licensed, even though providers are required to post their license in the facility. Some parents may not even know to look for a license, he said.

"I want mothers and fathers to know whether or not the facility is registered with the state," he said.

The state Department of Early Education & Care offers two ways parents can check on a day-care center's licensing, spokeswoman Heather Johnson said. Regional offices are available to provide information and the department's website lists licensed centers.

The nearest regional office, in Lawrence, can be reached at 978-681-9684. The website can be reached at the following shortened link: http://tiny.cc/s8a4ow.

State Rep. James Arciero, a Democrat from Westford, filed legislation last year that would make available online the identities of Level 2 sex offenders. The bill was backed by the Massachusetts Chiefs of Police Association and 26 co-sponsors, he said, but wasn't passed into law.

Chelmsford Police Chief James Murphy said he supports both proposals to expand access to sex-offender information.

"I have no problem giving the public access," he said.

The Middlesex District Attorney's Office, which was involved in bringing sexual-assault charges against Burbine, has not called for specific legislation because of the case but is having discussions with the governor's office, legislators, law-enforcement officials and the Sex Offender Registry Board, office spokeswoman Stephanie Chelf Guyotte said. It is premature to make specific proposals until having those conversations, she said.

DeLeo's office said in a statement the speaker will meet with law-enforcement officials from the affected communities in the Burbine case and consider the governor's bill, along with other options for similar crimes.

"We can hopefully in a quick fashion take up how this happened, and what laws have to be changed to make sure it doesn't happen again, if a change in legislation would do anything," DeLeo told reporters, according to the State House News Service. "I'm told, according to what I've reported from the governor, no matter what law was passed, it would not have stopped this."

State Rep. Tom Golden, a Lowell Democrat, said he supports both Patrick's bill and what was proposed by Arciero, calling it "absurd" that someone like Burbine, a registered sex offender, was able to be around children.

State Sen. Eileen Donoghue gave general support to both Patrick's bill and the proposed legislation from Finegold. What is troubling about the Burbine case in addition to the charges is that Burbine was not off the radar, the Lowell Democrat said. He was a registered sex offender but actions were not taken to better protect the public.

"There's got to be a way," Donoghue said of getting legislation passed. A new law may not be passed this session, but Donoghue said she hopes legislation can be enacted in January when the Legislature reconvenes.

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